As some Irvine residents continue to protest smells emitting from the All American Asphalt Plant in north Irvine, the city council—which is seeking the plant’s relocation through a lawsuit—has asked for outside legal counsel to review their options, which also include taking over the location by eminent domain.
A legal settlement in response to the city filing a public nuisance lawsuit against the plant in 2020 has been proposed, but it does not force the plant to relocate, only requiring it to indicate where it could do so.
If the city agrees on a new location, the agreement states it would have to purchase the new site and pay for the construction of a new plant there, with costs estimated at up to $100 million footed by the city.
Councilors have also considered condemning the property, shutting it down, and taking over the site by eminent domain, which could cost the city between $100 and $500 million.
Several residents of three nearby neighborhoods—Eastwood Village, Northwood Point, and Orchard Hills—want the plant to close, saying its emissions are harmful and the odors decrease the quality of life.
Dennis Lo, an Orchard Hills resident, told The Epoch Times anything short of closing the plant down is not enough.
“Whatever we said was never taken into consideration,” Lo said. “We told him this is not acceptable, that we are disappointed, but [Chi] went ahead and presented [it].”
Residences near the plant were built decades after the construction of the asphalt plant was approved by the county in the 1990s.
“The city and developers approved these homes to be built knowing there was a threat to customers. In my view, they should be held responsible for this,” Lo said. “The system is designed to fail the residents.”
Leslie Tan, a resident of Eastwood Village, told The Epoch Times it’s inconvenient to live near the plant because her children cannot bike or walk to school due to the air quality.
Tan also said she purchased several air purifiers to combat the odors in her home.
The South Coast Air Quality Management District—an agency that oversees sources of air pollution in the region—conducted a health risk assessment in August and concluded the plant did not present elevated health risks to nearby residents.
However, advocates from Non-Toxic Neighborhoods—a nonprofit founded by plant opponent Kim Konte—told The Epoch Times the assessment was conducted based on 2016 reports from the plant, rather than the most up-to-date data.
Konte, who formerly lived in Northwood Point, additionally said she was concerned the fumes emitted by the plant are cancer-causing.
According to Chi, the city has not conducted a study regarding a possible correlation between the plant and cancer, but said the air quality agency has and said the plant doesn’t produce the highest cancer risk in the city, but another facility in town did.
The issue will again be heard by the Irvine City Council in December.
